We have many reasons to welcome this latest addition to the Oxford Monographs on
Labour Law series. The subject matter of Bullying and Behavioural Conflict at Work is one
that is long overdue for extended analysis. Even identifying the types of conduct that fall
within the notion of bullying and related behaviour is challenging, since the law does
not address it directly and, outside legal discourse, no single way of framing the issue has
become accepted. Of course, no one is in favour of bullying, but what bullying consists
of is a much-contested question. An important function discharged in the first chapters
of this book is thus to bring conceptual clarity to both the legal and social discourses on
bullying and, more generally, behavioural conflict at work.
Our second reason for welcoming this new book is its methodological inventiveness,
which is itself a response to the imprecision, just noted, of the social and legal discourses.
The relevant case law is exhaustively analysed, but with a view to asking a broad range of
questions about it, extending well beyond, but including, those suggested by traditional
doctrinal assessments. The results of this analysis are, we think, both novel and revealing.
Those are supplemented and reinforced by the outputs from interviews with senior
managers and lawyers who have had to deal professionally with behavioural issues at
work or in the courts.
Finally, the policy implications of the book are that our approach to the use of the
law to address inappropriate behaviour at work needs significant revision. Simply giving
employees further individual rights against their employer, while possibly necessary,
is by no means enough by itself. In part, this is because the source of the inappropriate
behaviour may be other employees who are not in a superior position to the claimant.
As the research underlying this book demonstrates, much more important are the complexities
and discouraging features of the litigation process and the limitations of the
remedies awardable by courts or tribunals. Legal rights and legal remedies may need to
be supplemented, perhaps even replaced, by other approaches to dispute resolution. But
the book does not underestimate the challenges faced by those who want to put such
alternative structures in place. We greatly welcome this book into our series, to which we
are fully confident that it will be regarded as a very worthy addition.